R.N. Gupta vs State Of Chhattisgarh

Ramesh Sinha, CJ

The petitioner is a retired Engineer-in-Chief, Public Health Engineering Department, Government of Chhattisgarh, presently residing in Ambikapur, District Surguja. The present petition styled as public interest litigation petition, is filed by the petitioner, in person, seeking for the following reliefs:

“1. This Hon’ble Court may kindly direct the respondents and the industries through respondent No. 1 and 2 for utilization of fly ash as mentioned in para 8.11 so as to achieve the target fixed by the Government ofIndia and submit the action plan therefor.

This Hon’ble Curt may kindly direct the respondent No. 2 to ensure the compliance of provisions according to relevant acts so as to control emission of carbon and other gases and take appropriate action against the defaulters.

This Hon’ble Court may kindly direct respondent No. 4 to identify the patients suffering from various diseases due to pollution and take appropriate action for prevention and treatment.

This Hon’ble Court may kindly direct the respondent No.1 may kindly be directed to chalk out a long term plan to shift the industries far away from the inhabitations in phased manner after providing necessary infrastructure.

A High Power Monitoring Comittee should be constituted under the supervision of the Honourable High Court in order to monitor the various aspects as referred above.”

Mr. R.N.Gupta, petitioner, appearing in person would submit that thermal power plants in various Districts have been installed as detailed in paragraph 8.2 of the petition. These plants require huge quantity of coals for production of electricity and after the coal is burnt, enormous amount of ash is left. Burning of coal causes emission of health hazard gases like sulphur dioxide, carbon dioxide etc. Various other toxic elements are generated because of the activities of the thermal power plants. Mr. Gupta would draw the attention of the Court to the gazette notification published in the year 1999 specifying the use of fly ash and mandating a target date for all thermal power plants to comply by ensuring 100% utilization. Subsequent amendments to the notification in 2003 and 2009 had fixed the deadline to be 2014. Mr. Gupta would also submit that out of approximately 55.7% fly ash utilized, 42.3% goes into cement production whereas only 0.74% is used as an additive in concrete. He would suggest the measures to be taken by the industries for the best use of fly ash, as elaborated in paragraph 8.11.

Mr. Raghavendra Pradhan, learned Additional Advocate General, appearing for the respondents No. 1 and 3 would submit that the instant petition deserves to be dismissed in light of the decision rendered by the Hon’ble Supreme Court in the matter of Bhopal Gas Peedith Mahila Udyog Sansthan & Others v. Union of India, reported in (2012) 8 SCC 326, wherein the Hon’ble Supreme Court has observed that the issues pertaining to the Water (Prevention and Control of Pollution) Act, 1974, Air (Prevention and Control of Pollution) Act, 1981 and Environment Protection Act, 1986 is to be preferred before the National Green Tribunal as per Section 14 of the National Green Tribunal Act, 2010. He would further submit that the petitioner has filed this petition in a vague manner without substantiating his contentions and pleadings. The petitioner has neither pleaded any specific instance not demonstrated as to which provision of any environmental laws have been violated except making bald statements. On the basis of vague pleadings and incomplete materials, the respondents cannot go for a roving enquiry. Mr. Pradhan would further submit that the State has constituted a State-level monitoring committee under the Chairmanship of the Principal Secretary of the Housing and Environment Department, on 29.07.2011 (Annexure R/1) which was reconstituted on 24.01.2019 (Annexure R/2) under the Chairmanship of the Special Secretary of the Housing and Environment Department of the State. The Monitoring Committee is aware of the issue of utilization of the fly ash for which time to time, various directions have been issued (Annexure R/3). There is already a fly-ash utilization action plan 2018-202 (Annexure R/4). The State is duty bound to ensure maintenance of clean environment and is taking all possible measures as per the mandate of the environmental laws, rules and guidelines. The present petition being bereft of merit deserves to be dismissed at the threshhold.

While endorsing the submissions made by learned Additional Advocate General, Mr. Yashkaran Singh, learned counsel appearing for the respondent No. 2 would submit that the petitioner ought to have substantiated his prayer after placing on record empirical data with respect to any industrial settlement which needs to be relocated. The prayers made as above, are generalised and without any details and without there being any point of reference.

Pursuant to the order dated 21.04.2022 passed by this Court, the respondent No. 2 has filed an affidavit on 02.07.2022 indicating how and in what manner inspections were being carried out with regard to the functioning and operation of the industries/establishments and whether the measures taken by the respondent No. 2 is adequate to safeguard the environment from pollution. It is stated in the said affidavit that the respondent No. 2 has 7 regional offices at Raipur, Bilaspur, Raigarh, Bhilai, Jagdalpur, Ambikapur and Korba. They are working hard for maintaining the objective to achieve a harmony between human and environment. These offices have repeatedly issued notices/letters to the industries which were found violating the environmental norms and standards and environmental compensation have also been imposed upon those industries, as detailed in paragraph 6 of the affidavit. Among the power plants which come within the jurisdiction of the Regional Office of Raipur, almost all of them have maintained and achieved the 100% fly ash utilization target. One industry, namely M/s. Indseal Energy and Electrochemical Ltd. Has not been able to achieve 100% utilization because it was closed/shut down during the year 2021-2022 and another plant namely M/s. Raipur Energen Limited has been able to achieve 98.06% fly ash utilization because it was not fully functional during the COVID-19 pandemic. The remaining power plants have achieved 100% fly ash utilization.

A perusal of the affidavit of the respondent No. 2 would show that requisite steps are being taken by the State and its instrumentalities to check the menace of pollution and to ensure that fly ash is being utilized to its maximum so that least amount of waste is generated from the thermal plants.

Though this petition is not an adversarial litigation, but the prayers and the pleadings made in the petition are so vague and in a generalised manner that no specific direction/orders can be issued to the respondent authorities. There is no specific allegation against any industrial unit which is causing any particular kind of pollution or its existence is a threat to the public at large. The petitioner has also not pleaded as to which industrial units should be relocated. The return and the affidavit of the respondents are self-explanatory and the grievance raised herein appears to have been redressed. Even otherwise, the issues raised in this petition can very well be agitated before the appropriate forum in light of the decision rendered by the Supreme Court in Bhopal Gas Peedith Mahila Udyog Sansthan & Others (supra).

In view of the above, no further direction as prayed for by the petitioner is required. Accordingly, this petition is dismissed. However, as observed above, the petitioner may approach the competent court of law, if so advised.